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HB4049 - 572R - H Ver
House Engrossed
attorney general;
legal counsel; exemption
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 4049
AN
ACT
Amending section 41-192, Arizona Revised
Statutes; amending title 41, chapter 1, article 5, Arizona Revised Statutes, by
adding section 41-192.03; relating to the attorney general.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 41-192, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-192.
Powers and duties of attorney general; restrictions on state
agencies as to legal counsel; exceptions; compromise and settlement monies
A. The attorney general shall have charge of and
direct the department of law and shall serve as chief legal officer of the
state. The attorney general shall:
1. Be the legal advisor of the departments of this
state and render such legal services as the departments require.
2. Establish administrative and operational policies
and procedures within
his
the attorney
general's
department.
3. Approve long-range plans for developing
departmental programs therein, and coordinate the legal services required by
other departments of this state or other state agencies.
4. Represent school districts and governing boards
of school districts in any lawsuit involving a conflict of interest with other
county offices.
5. Represent political subdivisions, school
districts and municipalities in suits to enforce state or federal statutes
pertaining to antitrust, restraint of trade or price-fixing activities or
conspiracies, if the attorney general notifies in writing the political
subdivisions, school districts and municipalities of the attorney general's
intention to bring any such action on their behalf. At any time
within thirty days after the notification, a political subdivision, school
district or municipality, by formal resolution of its governing body, may
withdraw the authority of the attorney general to bring the intended action on
its behalf.
6. In any action brought by the attorney general
pursuant to state or federal statutes pertaining to antitrust, restraint of
trade, or price-fixing activities or conspiracies for the recovery of
damages by this state or any of its political subdivisions, school districts or
municipalities, in addition to the attorney general's other powers and
authority, the attorney general on behalf of this state may enter into
contracts relating to the investigation and prosecution of such action with any
other party plaintiff who has brought a similar action for the recovery of
damages and with whom the attorney general finds it advantageous to act jointly
or to share common expenses or to cooperate in any manner relative to such
action. In any such action, notwithstanding any other laws to the contrary, the
attorney general may undertake, among other things, to render legal services as
special counsel or to obtain the legal services of special counsel from any
department or agency of the United States, of this state or any other state or
any department or agency thereof or any county, city, public corporation or
public district in this state or in any other state that has brought or intends
to bring a similar action for the recovery of damages or its duly authorized legal
representatives in such action.
7. Organize the civil rights division within the
department of law and administer such division pursuant to the powers and
duties provided in chapter 9 of this title.
8. Compile, publish and distribute to all state
agencies, departments, boards, commissions and councils, and to other persons
and government entities on request, at least every ten years, the Arizona
agency handbook that sets forth and explains the major state laws that govern
state agencies, including information on the laws relating to bribery,
conflicts of interest, contracting with the government, disclosure of public
information, discrimination, nepotism, financial disclosure, gifts and extra
compensation, incompatible employment, political activity by employees, public
access and misuse of public resources for personal gain. A supplement to the
handbook reflecting revisions to the information contained in the handbook
shall be compiled and distributed by the attorney general as deemed necessary.
B. Except as otherwise provided by law, the attorney
general may:
1. Organize the department into such bureaus,
subdivisions or units as
he
the attorney
general
deems most efficient and economical, and consolidate or abolish
them.
2. Adopt rules for the orderly conduct of the
business of the department.
3. Subject to chapter 4, article 4 of this title,
employ and assign assistant attorneys general and other employees necessary to
perform the functions of the department.
4. Compromise or settle any action or claim by or
against this state or any department, board or agency of this
state. If the compromise or settlement involves a particular
department, board or agency of this state, the compromise or settlement shall
be first approved by the department, board or agency. If no
department or agency is named or otherwise materially involved, the approval of
the governor shall be first obtained.
5. Charge reasonable fees for distributing official
publications, including attorney general legal opinions and the Arizona agency
handbook. The fees received shall be transmitted to the state treasurer for
deposit in the state general fund.
C. The powers and duties of a bureau, subdivision or
unit shall be limited to those assigned by law to the department.
D. Notwithstanding any law to the contrary, except
as provided in subsections E and F of this section, no state agency other than
the attorney general shall employ legal counsel or make an expenditure or incur
an indebtedness for legal services, but the following are exempt from this
section:
1. The director of water resources.
2. The residential utility consumer office.
3. The industrial commission
of
Arizona
.
4. The Arizona board of regents.
5. The auditor general.
6. The corporation commissioners and the corporation
commission other than the securities division.
7. The office of the governor.
8. The constitutional defense council.
9. The office of the state treasurer.
10. The Arizona commerce authority.
11. The water infrastructure finance authority of
Arizona.
12. The department of child safety.
E. If the attorney general determines that
he
the attorney general
is disqualified
from providing judicial or quasi-judicial legal representation or legal
services on behalf of any state agency in relation to any matter, the attorney
general shall give written notification to the state agency affected. If the
agency has received written notification from the attorney general that the
attorney general is disqualified from providing judicial or quasi-judicial
legal representation or legal services in relation to any particular matter,
the state agency is authorized to make expenditures and incur indebtedness to
employ attorneys to provide the representation or services.
F. If the attorney general and the director of the
department of agriculture cannot agree on the final disposition of a pesticide
complaint under section 3-368, if the attorney general and the director
determine that a conflict of interest exists as to any matter or if the
attorney general and the director determine that the attorney general does not
have the expertise or attorneys available to handle a matter, the director is
authorized to make expenditures and incur indebtedness to employ attorneys to
provide representation or services to the department with regard to that
matter.
G. Any department or agency of this state authorized
by law to maintain a legal division or incur expenses for legal services from
funds derived from sources other than the general revenue of the state, or from
any special or trust fund, shall pay from such source of revenue or special or
trust fund into the general fund of the state, to the extent such funds are
available and on a reimbursable basis for warrants drawn, the amount actually
expended by the department of law within legislative appropriations for such
legal division or legal services.
H. Appropriations made pursuant to subsection G of
this section
shall
are
not
be
subject to lapsing provisions otherwise provided by law.
Services for departments or agencies to which this subsection and subsection F
of this section are applicable shall be performed by special or regular
assistants to the attorney general.
I. Notwithstanding section 35-148, monies
received by the attorney general from charges to state agencies and political
subdivisions for legal services relating to interagency service agreements
shall be deposited, pursuant to sections 35-146 and 35-147, in an
attorney general agency services fund. Monies in the fund are subject to
legislative appropriation and are exempt from the provisions of section 35-190
relating to lapsing of appropriations.
J. Unless otherwise provided by law, monies received
for and belonging to the state and resulting from compromises and settlements
entered into pursuant to subsection B of this section, excluding restitution
and reimbursement to state agencies for costs or attorney fees, shall be
deposited into the state treasury and credited to the state general fund
pursuant to section 35-142. Monies received for and belonging
to the state and resulting from a compromise or settlement are not considered
custodial, private or quasi-private monies unless specifically provided by law.
On or before January 15, April 15, July 15 and October 15, the attorney general
shall file with the governor, with copies to the director of the department of
administration, the president of the senate, the speaker of the house of
representatives, the secretary of state and the staff director of the joint
legislative budget committee, a full and complete account of the deposits into
the state treasury made pursuant to this subsection in the previous calendar
quarter. For the purposes of this subsection, "restitution" means
monies intended to compensate a specific, identifiable person, including this
state, for economic loss.
END_STATUTE
Sec. 2. Title 41, chapter 1, article 5, Arizona
Revised Statutes, is amended by adding section 41-192.03, to read:
START_STATUTE
41-192.03.
Attorney
general; counsel; department of child safety
A.
Notwithstanding
any other law, the attorney general or any appointed counsel shall represent
this state's interestS in lawful compliance and the integrity of proceedingS
and not the department of child safety as a client in any dependency,
severance, guardianship or adoption proceeding in which a party, the court or
an oversight entity raises a credible allegation that the department of child
safety or the department's agent has done any of the following:
1. Failed to comply with title 8 or a
court order.
2. Made a material misrepresentation
to the court.
3. Presented incomplete, misleading
or false evidence.
4. Engaged in retaliation, gross
negligence or wilful misconduct.
B. In ANY proceeding pursuant to
subsection A of this section, THE ATTORNEY GENERAL OR any APPOINTED COUNSEL
shall conduct an independent review of the record and shall advise the court of
the ATTORNEY GENERAL'S OR APPOINTED counsel's legal assessment regarding
statutory compliance, evidentiary integrity and the appropriateness of the
department OF CHILD SAFETY'S recommendation, including any material
disagreement with the position of the department.
C. THE ATTORNEY GENERAL OR any
APPOINTED COUNSEL IS not subject to direction, retaliation or any adverse
employment action by the department of child safety for taking a position
inconsistent with the department's recommendation in matters described in this
section.
END_STATUTE